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Thread: Durham cop admitted under oath false 911 calls to gain unwarranted entry.

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    Durham cop admitted under oath false 911 calls to gain unwarranted entry.

    A Durham police officer admitted under oath that he lied in order to gain entry to a home and to serve an outstanding warrant. During a court hearing last May, court officials say he told a District Court judge that it was a common practice within Durham's police department. He said he knocked on a resident's door, claiming police had received a 9-1-1 hang up call. But, it never happened.

    It's the reason why Durham Police Chief Jose Lopez sent out an internal memo obtained by ABC11. "Effective immediately," Lopez wrote, "No officer shall inform a citizen that there has been a call to the emergency communications center, including a hang up call, when there in fact has been no such call."

    http://abc11.com/news/i-team-dpd-acc...-calls/172684/

    He told a District Court judge that fake emergency scheme was a common practice within Durham’s police department — an accusation the police chief denies.

    http://www.washingtontimes.com/news/...-calls-gain-e/
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    Regular Member WalkingWolf's Avatar
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    Unfortunately it is still legal in this country for police to lie to the public.
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    Regular Member wimwag's Avatar
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    Looks like Lopez is covering his own ass.

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    Regular Member Primus's Avatar
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    Dominos works better depending on time of day. Or " ay guy open up its jimmy! "

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    "The wicked flee when no man persueth: but the righteous are as bold as a lion" Proverbs 28:1

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    Regular Member sudden valley gunner's Avatar
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    Brady cop. I hope he and all other cops that engage in testilying loose their jobs.

    I hope the public in this area get this information so they can get every case he is the main testiliar on thrown out. Speeding ticket, gone. Drugs gone. Jaywalking gone. His uselessness for his department becoming clear.
    I am not anti Cop I am just pro Citizen.

    U.S. v. Minker, 350 US 179, at page 187
    "Because of what appears to be a lawful command on the surface, many citizens, because
    of their respect for what only appears to be a law, are cunningly coerced into waiving their
    rights, due to ignorance." (Paraphrased)

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    Regular Member Primus's Avatar
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    Quote Originally Posted by sudden valley gunner View Post
    Brady cop. I hope he and all other cops that engage in testilying loose their jobs.

    I hope the public in this area get this information so they can get every case he is the main testiliar on thrown out. Speeding ticket, gone. Drugs gone. Jaywalking gone. His uselessness for his department becoming clear.
    Ummm... He didn't "testilie".

    He actually told the truth on the stand and said "I lied on scene to the person to get them to open the door".

    Then the judge threw it our based on his honesty.

    Lol so quick to bash didn't even read

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    Regular Member sudden valley gunner's Avatar
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    Quote Originally Posted by Primus View Post
    Ummm... He didn't "testilie".

    He actually told the truth on the stand and said "I lied on scene to the person to get them to open the door".

    Then the judge threw it our based on his honesty.

    Lol so quick to bash didn't even read

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    I did read it, he is a liar, and I will bet you dollar to donuts if he lies to the public he lies in his reports he lies to get warrants.

    I wonder why he had to say it on the stand? Maybe his reports didn't mention his lie? Which would be a ......what?

    Nice try at thinking your finally got me. Keep trying.
    I am not anti Cop I am just pro Citizen.

    U.S. v. Minker, 350 US 179, at page 187
    "Because of what appears to be a lawful command on the surface, many citizens, because
    of their respect for what only appears to be a law, are cunningly coerced into waiving their
    rights, due to ignorance." (Paraphrased)

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    Regular Member sudden valley gunner's Avatar
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    So I'll restate it so it's clear to you, all cops who lie, whether it be in court, in reports, in asking for a warrant or to the public, should loose their jobs. Do you have a problem with that?

    P.S. I am including entrapment (aka "undercover").
    I am not anti Cop I am just pro Citizen.

    U.S. v. Minker, 350 US 179, at page 187
    "Because of what appears to be a lawful command on the surface, many citizens, because
    of their respect for what only appears to be a law, are cunningly coerced into waiving their
    rights, due to ignorance." (Paraphrased)

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    my motto is: don't open the door ... make them break it down.

    this way, you have clear evidence that you did not let them in

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    Regular Member sudden valley gunner's Avatar
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    Better be careful David you might run into a cop who thinks because they are coming to your house you are not human and due process doesn't apply.
    I am not anti Cop I am just pro Citizen.

    U.S. v. Minker, 350 US 179, at page 187
    "Because of what appears to be a lawful command on the surface, many citizens, because
    of their respect for what only appears to be a law, are cunningly coerced into waiving their
    rights, due to ignorance." (Paraphrased)

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    Regular Member Primus's Avatar
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    Quote Originally Posted by sudden valley gunner View Post
    I did read it, he is a liar, and I will bet you dollar to donuts if he lies to the public he lies in his reports he lies to get warrants.

    I wonder why he had to say it on the stand? Maybe his reports didn't mention his lie? Which would be a ......what?

    Nice try at thinking your finally got me. Keep trying.
    Lol backpedaling....

    You specifically said "testilying" and went on your rant....

    We all know that testilying is they when lie on the stand.... Well he didn't. He told the truth under oath. He lied at door and told the truth that they do it commonly.

    I know it's tough admitting when you made a mistake. We wouldnt think less of you... I'd still love you.

    I'll leave it alone. The posts speak for themselves...

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    Regular Member sudden valley gunner's Avatar
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    Quote Originally Posted by Primus View Post
    Lol backpedaling....

    You specifically said "testilying" and went on your rant....

    We all know that testilying is they when lie on the stand.... Well he didn't. He told the truth under oath. He lied at door and told the truth that they do it commonly.

    I know it's tough admitting when you made a mistake. We wouldnt think less of you... I'd still love you.

    I'll leave it alone. The posts speak for themselves...

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    No testilying isn't just on the stand.

    It also is on reports and warrants.

    I apologize for not making it clear in my first post that he must have lied somewhere along the lines official for it even to get to that point in court were he was forced to admit he lied to the victim who then had to go through an ordeal by his lies.
    I am not anti Cop I am just pro Citizen.

    U.S. v. Minker, 350 US 179, at page 187
    "Because of what appears to be a lawful command on the surface, many citizens, because
    of their respect for what only appears to be a law, are cunningly coerced into waiving their
    rights, due to ignorance." (Paraphrased)

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    Quote Originally Posted by sudden valley gunner View Post
    Better be careful David you might run into a cop who thinks because they are coming to your house you are not human and due process doesn't apply.
    Laws only apply to people, right? Ah ha ! The ultimate loop-hole !

    Ladies and gentlemen of the jury, the DA has never proven or provided one shred of evidence that my client is a human, at all! You must acquit !

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    § 14-230. Willfully failing to discharge duties.

    If any clerk of any court of record, sheriff, magistrate, school board member, county commissioner, county surveyor, coroner, treasurer, or official of any of the State institutions, or of any county, city or town, shall willfully omit, neglect or refuse to discharge any of the duties of his office, for default whereof it is not elsewhere provided that he shall be indicted, he shall be guilty of a Class 1 misdemeanor. If it shall be proved that such officer, after his qualification, willfully and corruptly omitted, neglected or refused to discharge any of the duties of his office, or willfully and corruptly violated his oath of office according to the true intent and meaning thereof, such officer shall be guilty of misbehavior in office, and shall be punished by removal therefrom under the sentence of the court as a part of the punishment for the offense. (1901, c. 270, s. 2; Rev., s. 3592; C.S., s. 4384; 1943, c. 347; 1973, c. 108, s. 5; 1993, c. 539, s. 142; 1994, Ex. Sess., c. 24, s. 14(c); 2009-107, s. 1.)
    Charge this thug cop. If he lied to "get the job done" once he has done so before and will likely do so again, the chief's protestations notwithstanding.

    Oh, the chief knew and anyone who believes him that he did not know, or condoned, is being foolish.
    "I would rather be exposed to the inconveniences attending too much liberty than to those attending too small a degree of it." - Thomas Jefferson.

    "Better that ten guilty persons escape, than that one innocent suffer" - English jurist William Blackstone.
    It is AFAIK original to me. Compromise is failure on the installment plan, particularly when dealing with so intractable an opponent as ignorance. - Nightmare

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    Regular Member Primus's Avatar
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    Yea string him up..... For saying there was a 911 call when serving an arrest warrant....

    Ruses should be illegal. Fire him and send him to prison. /sarcasm.

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    Quote Originally Posted by Primus View Post
    Yea string him up..... For saying there was a 911 call when serving an arrest warrant....

    Ruses should be illegal. Fire him and send him to prison. /sarcasm.

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    That you do not "see that" (or agree with) what the cop did may very well meet the requirements to charge him with, and gain a conviction for, the NC GS I cited is troublesome. Your continued rhetoric condemning bad cops for bad behavior is out weighed by comments such as the one quoted above. Charge him and let him have his day in court, just as any citizen would/should have if charged with any violation of the law.

    The ends does not justify the means.....unless you're a cop.
    "I would rather be exposed to the inconveniences attending too much liberty than to those attending too small a degree of it." - Thomas Jefferson.

    "Better that ten guilty persons escape, than that one innocent suffer" - English jurist William Blackstone.
    It is AFAIK original to me. Compromise is failure on the installment plan, particularly when dealing with so intractable an opponent as ignorance. - Nightmare

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    Quote Originally Posted by wimwag View Post
    Looks like Lopez is covering his own ass.
    Lopez said his department immediately launched an internal investigation. If the officer's claims prove to be true, it would be a clear violation of department policy and in some legal circles, a violation of the Constitution.
    Some legal circles? I wonder which circles the chief knows about where the thug cop is not breaking the law.
    "I would rather be exposed to the inconveniences attending too much liberty than to those attending too small a degree of it." - Thomas Jefferson.

    "Better that ten guilty persons escape, than that one innocent suffer" - English jurist William Blackstone.
    It is AFAIK original to me. Compromise is failure on the installment plan, particularly when dealing with so intractable an opponent as ignorance. - Nightmare

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    Regular Member Primus's Avatar
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    Quote Originally Posted by OC for ME View Post
    That you do not "see that" (or agree with) what the cop did may very well meet the requirements to charge him with, and gain a conviction for, the NC GS I cited is troublesome. Your continued rhetoric condemning bad cops for bad behavior is out weighed by comments such as the one quoted above. Charge him and let him have his day in court, just as any citizen would/should have if charged with any violation of the law.

    The ends does not justify the means.....unless you're a cop.
    Charge him with what? You cited a violation of duties and oath of office.

    Did he swear an oath not to lie to people on the street in the COURSE of doing his job? This case serving a warrant?

    Correct. I do and will continue to agree with yourself and others when there are the examples of d bag cops.

    But I fail to see a guy using a ruse to serve a warrant on the street and then being completely honest in court about it as some kind of violation of oath of office and needing criminal charges.



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    Regular Member Primus's Avatar
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    Quote Originally Posted by OC for ME View Post
    Some legal circles? I wonder which circles the chief knows about where the thug cop is not breaking the law.
    Can you cite how using a ruse is breaking the law? Any law. To include the state of federal Constitution.

    My interest is peaked now. Your a smart guy so I'm curious as to how your forming this opinion.

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    Last edited by Primus; 07-15-2014 at 11:51 AM.
    "The wicked flee when no man persueth: but the righteous are as bold as a lion" Proverbs 28:1

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    Regular Member Primus's Avatar
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    Start here.... http://www.legalupdateonline.com/4th/822

    Ruse to get suspect to open door....



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    Campaign Veteran MAC702's Avatar
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    Quote Originally Posted by Primus View Post
    Ummm... He didn't "testilie".

    He actually told the truth on the stand and said "I lied on scene to the person to get them to open the door"...
    I'll give you a technicality on this one.

    But as a SWORN LEO, he's a liar under oath when at the door in uniform, and when writing reports, as a practical matter.

    Anybody know how to get a copy of this liar's oath of office?
    Last edited by MAC702; 07-15-2014 at 12:42 PM.
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    I have not been able to find their oath after a on-line search. So, I am not able to know for certain that he did, or did not, violate his oath. The chief seems to think that there may have been a violation of the law. But, we will know after a investigation.
    “You cannot enter someone’s house based on a lie,” said Durham County Chief District Judge Marcia Morey.

    http://www.rawstory.com/rs/2014/07/1...search-houses/
    It also seems that the judge agrees that some illegality took place. But, a criminal case would have to come before her to prove that point one way or the other.

    It is clear that you agree with what the cop did, the chief does not, nor does the judge. Obviously, to me anyway, the chief is very "uncomfortable" at a minimum with some of his cops lying to get the job done. I retract what I said about the chief regarding what he knew/condoned, he may just be a good top cop.

    Ruse = lie = possible law violation, and is a no-no according to the chief and the judge. MA employees apparently hold a different view.
    "I would rather be exposed to the inconveniences attending too much liberty than to those attending too small a degree of it." - Thomas Jefferson.

    "Better that ten guilty persons escape, than that one innocent suffer" - English jurist William Blackstone.
    It is AFAIK original to me. Compromise is failure on the installment plan, particularly when dealing with so intractable an opponent as ignorance. - Nightmare

  23. #23
    Regular Member Primus's Avatar
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    Quote Originally Posted by MAC702 View Post
    I'll give you a technicality on this one.

    But as a SWORN LEO, he's a liar under oath when at the door in uniform, too, and when writing reports, as a practical matter.
    I would disagree. I've lied many times at the door to get someone to open up to either serve a warrant or make an arrest etc. Etc. Never lied to a judge nor jury or at any time in court.

    Its apples and oranges. When your at the door using a ruse is part of the process. Its legal (except for the few exceptions which I posted in that link).

    For example.... Did you lie and tell your kids that there was Santa? Now can we all assume that if you were put on the stand then you would lie too? Of course not. Because two different situations.

    I agree with writing reports because its a form of testimony. But in THIS case (serving a warrant) a ruse is good to go as a practical/tactical matter.

    There is lots of case law that gets into detail when a ruse is not good, but I've yet to see where they hinge it on "if you lie at the door to the suspect you'll lie on the stand to a jury".



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    Quote Originally Posted by Primus View Post
    I would disagree. I've lied many times at the door to get someone to open up to either serve a warrant or make an arrest etc. Etc. Never lied to a judge nor jury or at any time in court.

    <snip> But in THIS case (serving a warrant) a ruse is good to go as a practical/tactical matter. ...
    The judge and chief disagree with your practice to lie to citizens to gain entry into their place of residence.
    "I would rather be exposed to the inconveniences attending too much liberty than to those attending too small a degree of it." - Thomas Jefferson.

    "Better that ten guilty persons escape, than that one innocent suffer" - English jurist William Blackstone.
    It is AFAIK original to me. Compromise is failure on the installment plan, particularly when dealing with so intractable an opponent as ignorance. - Nightmare

  25. #25
    Regular Member WalkingWolf's Avatar
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    There is no Santa?

    Actually there are several Santa's in the US, with the legal name. I knew one of them before he died a couple years ago.

    http://7online.com/archive/8928997/

    Also knew a man named Peter Rabbit, name given at birth. Now I don't know anybody named tooth fairy, but I am sure there is one out there.
    Last edited by WalkingWolf; 07-15-2014 at 01:52 PM.
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